ROTH v. SARPY COUNTY HIGHWAY DEPT.

No. S-97-366.

572 N.W.2d 786 (1998)

253 Neb. 703

James A. ROTH, Appellee, v. SARPY COUNTY HIGHWAY DEPARTMENT, Appellant.

Supreme Court of Nebraska.

January 2, 1998.


Attorney(s) appearing for the Case

David A. Dudley and Darin J. Lang, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellant.

Christopher D. Jerram, of Kelley, Lehan & Hall, P.C., Omaha, for appellee.

WHITE C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN and McCORMACK, JJ.


GERRARD, Justice.

On June 17, 1996, a single judge of the Nebraska Workers' Compensation Court determined that James A. Roth was entitled to an award of workers' compensation benefits as a result of an injury he sustained while employed by the Sarpy County Highway Department (Department). The Department did not file an application for review of the award and paid benefits to Roth on July 19 and on August 14. On August 2, Roth filed a motion to assess a 50-percent...

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